Section 43 in The Bihar Industrial Disputes Rules, 1961
43. Representatives of workmen.
- (i) The representatives of the workmen on the Works Committee of any industrial establishment shall be nominated by the trade union registered under the Indian Trade Unions Act, 1926, representing 51 per cent or more of the workmen in that establishment.(ii)Where there are more trade unions than one, registered under the Indian Trade Unions Act, 1926, collectively representing 80 per cent or more of the total number of workmen of an industrial establishment and there is no single, registered trade union representing 51 percent or more of the workmen, all the representatives of the workmen on the Works Committee shall be nominated by those trade unions in proportion to their respective strength.(iii)Where there are more trade unions than one in an industrial establishment, registered under the Indian Trade Unions Act, 1926, and there are also a certain number of workmen being more than 20 per cent of the total number of workmen not belonging to any registered trade union and where there is also no single registered trade union representing 51 per cent or more of the workmen, all the representatives of the workmen on the Works Committee shall be elected by the workmen themselves.(iv)For the purposes of this Rule, in case of a dispute regarding the strength of membership of a registered trade union or the strength of workmen who do not claim membership or any such trade union or the total number of workmen in an industrial establishment who are eligible for membership of such a trade union, the decision of the Commissioner of Labour, Bihar, shall be final.(v)Where there is one trade union in an industrial establishment, registered under the Indian Trade Union Act, 1926, and such trade union does not represent fifty-one per cent or more of workmen, the representatives of workmen on the Works Committee shall be nominated by the trade union in proportion to its respective strength and the remaining number of representatives of the workmen on the Works Committee shall be elected by workmen themselves.(vi)The registered trade union or unions shall send their nominations to the management within 15 days of the receipt of the request from the management for nomination of representatives of workmen on the Works Committee.
